Outraging Modesty of Women Crimes against women and children have been prioritized above all other offenses in the newly established Chapter-V of the Bharatiya Nyaya Sanhita (BNS), 2023. This legislation criminalizes actions such as rape, voyeurism, stalking, and the insult of a woman’s modesty. It also makes sexual intercourse with a woman through deceitful means or false promises a criminal act. In the BNS, the age distinction for minor victims of gang rape has been eliminated. Gang rape of a woman under the age of eighteen is punishable by life imprisonment or the death penalty. Sexual Harassment As defined in Section 75 of the BNS, sexual harassment includes: Unwelcome touching or any form of physical contact Requesting or demanding sex or any sexual activity Making comments of a sexual nature Displaying pornographic materials, which may encompass videos, magazines, books, etc.Additionally, there exists a specific law addressing sexual harassment in the workplace – The Act and Rules of 2013 concerning the Prevention, Prohibition, and Redressal of Sexual Harassment of Women in the Workplace. There are provisions in the primary criminal law that differ from those in the specific law regarding sexual harassment: The BNS is not confined to incidents of sexual harassment occurring in the workplace; it also penalizes such harassment that takes place in any location. The BNS allows individuals to lodge a criminal complaint if they have experienced sexual harassment, whereas the special law provides the option to pursue civil remedies and damages through the office administration. The penalties for the first three categories of sexual harassment are three years, in contrast to the fourth category (making sexually suggestive remarks), which carries a one-year sentence. Punishment for Peeping Toms According to Section 77 of the BNS, it is considered a crime to observe or record (for instance, through photography or video) a woman engaged in private activities, under the assumption that she is not being watched. This encompasses a woman: using a toilet, or who is undressed or in her underwear, or engaged in a sexual act. The legal terminology for such actions is voyeurism. The penalty for this offense is imprisonment for a duration of one to three years, accompanied by a fine. If an individual is convicted of this crime more than once, the sentence increases to imprisonment for a period of three to seven years, along with a fine. Stalking According to BNS, Stalking is – Continuously pursuing a woman or attempting to contact her, Either through online methods or in person Where she has clearly expressed her wish for no attention. This section includes an exception if a person is stalking a woman as part of a legal duty to do so. Example: Jeevan, a police officer, is investigating a drug shipment and has been monitoring emails sent to Stuti. This scenario would be classified under the exception. The penalty consists of imprisonment for a duration of up to three years along with a financial penalty. If a person is found guilty of the same offense more than once, the penalty escalates to imprisonment for a maximum of five years along with a fine. 

The Bharatiya Nyaya Sanhita (BNS) 2023 has unified and enhanced the legal framework concerning offenses against women into a singular chapter, which stipulates harsher penalties and introduces new offenses. Notable provisions encompass the possibility of a death sentence for specific crimes, life imprisonment for the gang rape of a minor, and new sanctions for offenses such as sexual intercourse under false pretenses of marriage and human trafficking. Additionally, the BNS retains penalties for crimes like stalking and incorporates new sanctions for behaviors such as ‘peeping toms’.

New and enhanced offenses under BNS Rape: The BNS allows for a death sentence in particular aggravating situations.

Gang rape of a minor: The punishment includes life imprisonment, potentially for the entirety of the offender’s natural life, or death.

Sexual intercourse by deceitful means: A new offense has been established for engaging in sexual intercourse with a woman under the false pretense of marriage, employment, promotion, or by hiding one’s identity. The penalty is imprisonment for a term that may last up to ten years along with a fine.

Human trafficking: The law imposes severe penalties, including life imprisonment, for human trafficking. In cases involving a child, the minimum sentence is ten years, which can extend to life imprisonment.

Stalking: The BNS continues to impose penalties for stalking, including online stalking. The punishment for a first offense can be up to three years in prison and a fine, which may escalate to five years and a fine for repeat offenders.

‘Peeping Toms’: A new offense under Section 77 of the BNS criminalizes the act of secretly observing or recording a woman in a private situation, such as using a restroom or undressing.

Sexual harassment: The BNS delineates penalties for sexual harassment, including making sexually suggestive remarks or harassing a woman in a professional environment.